12:00 PM
DECEMBER 2006 CITY COUNCIL REGULAR MEETING
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
Notice is hereby given that the Regular Meeting of the Red Oak City Council will be held on Monday, December 11, 2006, at 7:00 P.M., in the Council Chambers of the Red Oak Municipal Center, 200 Lakeview Parkway, Red Oak, Texas, at which time the following will be discussed and considered, to wit:
Mayor:
Councilmembers:
City Manager:
Ron Bryce
Eric Smith
Ken Pfeifer
Mayor Pro Tem:
Scott Lindsey
City Secretary:
Ben Goodwyn
Casey Hargrove
Judy Grant
Gary Autrey
City Attorney:
Betsy Elam
I. CALL TO ORDER – The Mayor will call the meeting to order, declare quorum if present, and declare notices legally posted pursuant to Open Meetings Act.
Mayor Bryce called the meeting to order at 7:00 P.M. and declared a quorum to be present and notices legally posted. Members present were Mayor Ron Bryce, Mayor Pro Tem Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey, Councilmember Casey Hargrove and Councilmember Gary Autrey.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Bryce gave the Invocation and led the Council and Citizens in the Pledge of Allegiance.
III. RECOGNITIONS – CIP Committee and the GO Bond Committee.
Mayor Bryce gave Certificates of Recognition to GO Committee President John Anderson and CIP Committee President Kevin McDonnell. Mr. Anderson and Mr. McDonnell gave out Certificates of Recognition to all GO and CIP Committee Board Members present.
IV. CONSENT AGENDA – Consent Items
“All matters listed under Item IV. Consent Agenda, are considered to be routine by the City Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately.”
A. Consideration of approving the minutes of the November 13, 2006, Regular City Council Meeting, the November 14, 2006, Special City Council Meeting and the November 28, 2006, Workshop.
B. Consideration of approving the amendment of the Code of Ordinance Fee Schedule to eliminate a Fire Department fee.
Councilmember Lindsey made the motion, seconded by Mayor Pro Tem Goodwyn to approve Consent Agenda Items A and B, Ordinance No. 06-44: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED OAK, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, OF THE CITY OF RED OAK CODE OF ORDINANCES BY DELETING CONTRACTOR’S PERMIT FEES FOR CERTAIN FIRE SERVICES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
V. COUNCIL BUSINESS – OPEN SESSION
C. Consideration of approving a contract and a total alternate bid by S. J. Louis Company in the amount of $3,605,045.45 for the Dallas Water Supply Transmission Main, Section 1.
Councilmember Smith made the motion, seconded by Councilmember Hargrove to approve a contract and a total alternate bid by S. J. Louis Company in the amount of $3,605,045.45 for the Dallas Water Supply Transmission Main, Section 1. The motion was unanimous.
D. Conduct a Public Hearing and consideration of approving an Ordinance amending the City of Red Oak Future Land Use Plan to change from Highway Oriented (HO) to Mixed Use Center Planned Development (PD) for approximately 1.330 acres in the Robert Bell Survey, A-60, City of Red Oak, Ellis County, Texas.
Councilmember Hargrove left the proceedings during Open Session Agenda Items D, E, F and G, due to a conflict of interest. Mayor Bryce opened the Public Hearing. Jack Minyard spoke in favor and no one spoke in opposition. Councilmember Lindsey made the motion, seconded by Mayor Pro Tem Goodwyn to close the Public Hearing. The motion was unanimous. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Lindsey to approve Ordinance No. 06-45: AN ORDINANCE AMENDING THE CITY OF RED OAK’S FUTURE LAND USE PLAN TO CHANGE THE HIGHWAY ORIENTED (HO) TO MIXED USE CENTER PLANNED DEVELOPMENT (PD) FOR APPROXIMATELY 1.330 ACRES OF LAND, BEING ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND, A PART OF THE ROBERT BELL SURVEY, ABSTRACT 60, BEING FURTHER DESCRIBED AS SOUTH OF RED OAK ROAD AND WEST OF STATE HIGHWAY 342, ALSO KNOWN AS THE MINYARD ADDITION, CITY OF RED OAK, ELLIS COUNTY, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
E. Conduct a Public Hearing and consideration of approving an Ordinance for a zoning change from Commercial-1 (C-1) to Mixed Use Planned Development, and a Development Plan for the Minyard Addition, being a 1.330 acre addition in the Robert Bell Survey, A-60, City of Red Oak, Ellis County, Texas, requested by Jack Minyard.
Mayor Bryce opened the Public Hearing. Jack Minyard spoke in favor of the zoning. Citizen Ricky Brown asked questions concerning the drainage of the project. Eugene Gaither spoke in opposition. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Smith to close the Public Hearing. The motion was unanimous. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Autrey to approve Ordinance No. 06-46: AN ORDINANCE AMENDING ORDINANCE NO. 89-02, THE UNIFIED DEVELOPMENT CODE BY APPROVING A ZONING CHANGE FROM COMMERCIAL-1 (C-1) TO MIXED USE PLANNED DEVELOPMENT (PD) AND APPROVING A DEVELOPMENT PLAN, FOR THE MINYARD ADDITION, APPROXIMATELY 1.330 ACRES OF LAND, RECORDED IN VOLUME 1548, PAGE 854, OF THE OFFICIAL PUBLIC RECORDS , ELLIS COUNTY, TEXAS, AN ADDITION TO THE CITY OF RED OAK, ELLIS COUNTY, TEXAS; AMENDING THE OFFICIAL ZONING MAP; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
F. Consideration of approving a Preliminary Plat for the Minyard Addition, being a 1.330 acre addition in the Robert Bell Survey, A-60, City of Red Oak, Ellis County, Texas, requested by Jack Minyard.
Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Smith to approve the Preliminary Plat for the Minyard Addition with the conditions that the staff and City Engineer comments were incorporated. The motion was unanimous.
G. Conduct a Public Hearing and consideration of approving an Ordinance for an amended Development Plan for Lot 25, Block A, Fox Hollow Estates 3, City of Red Oak, Ellis County, Texas, requested by Sumeer Homes.
Mayor Bryce opened the Public Hearing. Edward Baylor, Sumeer Homes Representative, spoke in favor of the amended Development Plan and no one spoke in opposition. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Autrey to close the Public Hearing. The motion was unanimous. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Lindsey to approve Ordinance No. 06-47: AN ORDINANCE AMENDING ORDINANCE NO. 89-02, THE UNIFIED DEVELOPMENT CODE AND APPROVING AN AMENDED DEVELOPMENT PLAN FOR FOX HOLLOW ESTATES III, BEING PART OF THE ORIGINAL 18.4805 ACRES IN THE ROBERT BELL SURVEY, ABSTRACT 60, BEING FURTHER DESCRIBED AS BEING LOT 25, BLOCK A, EAST OF HIGHWAY 342, SOUTH OF RED OAK ROAD, AND NORTH OF PIERCE ROAD, CITY OF RED OAK, ELLIS COUNTY, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE, to allow a 10 foot setback line in front. The motion was unanimous.
H. Update from ROISD Board President, John Hawkins, on a future ROISD bond issue.
Councilmember Hargrove returned to the proceedings. ROISD Vice President John Anderson updated Council on the issues concerning the future ROISD bond issue.
I. Discussion and consideration of approving whether to amend the Code of Ordinances Fee Schedule.
Council discussed whether to amend various Code of Ordinance fees. Councilmember Hargrove made the motion, seconded by Councilmember Autrey to amend the fee schedule to eliminate the annual registration fee for dogs; and to double the violation fees for dogs running at large. The motion was unanimous. Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Goodwyn to eliminate the construction permit fee for above-ground swimming pools. The motion carried 4 – 1, with Councilmember Hargrove, Mayor Pro Tem Goodwyn, Councilmember Smith and Councilmember Autrey voting in favor. Councilmember Lindsey voted in opposition. Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Goodwyn to eliminate the construction permit fee for In-ground swimming pools. The motion carried 3 – 2, with Councilmember Hargrove, Mayor Pro Tem Goodwyn and Councilmember Smith voting in favor and Councilmember Lindsey and Councilmember Autrey voting in opposition. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Smith to eliminate the Plumber, Electrician, Mechanical and Backflow initial and renewal license fees. The motion carried 3 – 2, with Mayor Pro Tem Goodwyn, Councilmember Smith, and Councilmember Autrey voting in favor and Councilmember Lindsey and Councilmember Hargrove voting in opposition.
J. Discussion on Vision 2020.
City Manager Ken Pfeifer led the discussion on the proposed Vision 2020.
K. Discussion on projects progress.
City Manager Ken Pfeifer led the discussion on the progress of various City of Red Oak projects.
VI. EXECUTIVE SESSION
Pursuant to Section §551.071 of the Texas Government Code, the City Council reserves the right to convene into Executive Session(s), from time to time as deemed necessary during the course of this meeting for any posted agenda item, to receive advice from its attorney as permitted by law.
Council did not convene into Executive Session.
VII. REPORTS – City Manager
City Manager Pfeifer updated Council on the following: Red Oak Road Public Meeting; Safety measures on Red Oak Road; Joint Meeting with P & Z; Downtown Vision Plan; and the New City website.
VIII. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Citizen Chris Moses spoke concerning the road conditions on Stainback. Citizen Eugene Gaither stated that the older streets of Red Oak should be taken care of before the newly annexed streets.
IX. ADJOURNMENT
Mayor Bryce adjourned the meeting at 8:51 P.M.
________________________________
Ron Bryce, Mayor
Attested: ________________________
Judy Grant, City Secretary
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
Notice is hereby given that the Regular Meeting of the Red Oak City Council will be held on Monday, December 11, 2006, at 7:00 P.M., in the Council Chambers of the Red Oak Municipal Center, 200 Lakeview Parkway, Red Oak, Texas, at which time the following will be discussed and considered, to wit:
| Mayor: | Councilmembers: | City Manager: |
| Ron Bryce | Eric Smith | Ken Pfeifer |
| Mayor Pro Tem: | Scott Lindsey | City Secretary: |
| Ben Goodwyn | Casey Hargrove | Judy Grant |
| Gary Autrey |
City Attorney:
Betsy Elam |
I. CALL TO ORDER – The Mayor will call the meeting to order, declare quorum if present, and declare notices legally posted pursuant to Open Meetings Act.
Mayor Bryce called the meeting to order at 7:00 P.M. and declared a quorum to be present and notices legally posted. Members present were Mayor Ron Bryce, Mayor Pro Tem Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey, Councilmember Casey Hargrove and Councilmember Gary Autrey.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Bryce gave the Invocation and led the Council and Citizens in the Pledge of Allegiance.
III. RECOGNITIONS – CIP Committee and the GO Bond Committee.
Mayor Bryce gave Certificates of Recognition to GO Committee President John Anderson and CIP Committee President Kevin McDonnell. Mr. Anderson and Mr. McDonnell gave out Certificates of Recognition to all GO and CIP Committee Board Members present.
IV. CONSENT AGENDA – Consent Items
“All matters listed under Item IV. Consent Agenda, are considered to be routine by the City Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately.”
A. Consideration of approving the minutes of the November 13, 2006, Regular City Council Meeting, the November 14, 2006, Special City Council Meeting and the November 28, 2006, Workshop.
B. Consideration of approving the amendment of the Code of Ordinance Fee Schedule to eliminate a Fire Department fee.
Councilmember Lindsey made the motion, seconded by Mayor Pro Tem Goodwyn to approve Consent Agenda Items A and B, Ordinance No. 06-44: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED OAK, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, OF THE CITY OF RED OAK CODE OF ORDINANCES BY DELETING CONTRACTOR’S PERMIT FEES FOR CERTAIN FIRE SERVICES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
V. COUNCIL BUSINESS – OPEN SESSION
C. Consideration of approving a contract and a total alternate bid by S. J. Louis Company in the amount of $3,605,045.45 for the Dallas Water Supply Transmission Main, Section 1.
Councilmember Smith made the motion, seconded by Councilmember Hargrove to approve a contract and a total alternate bid by S. J. Louis Company in the amount of $3,605,045.45 for the Dallas Water Supply Transmission Main, Section 1. The motion was unanimous.
D. Conduct a Public Hearing and consideration of approving an Ordinance amending the City of Red Oak Future Land Use Plan to change from Highway Oriented (HO) to Mixed Use Center Planned Development (PD) for approximately 1.330 acres in the Robert Bell Survey, A-60, City of Red Oak, Ellis County, Texas.
Councilmember Hargrove left the proceedings during Open Session Agenda Items D, E, F and G, due to a conflict of interest. Mayor Bryce opened the Public Hearing. Jack Minyard spoke in favor and no one spoke in opposition. Councilmember Lindsey made the motion, seconded by Mayor Pro Tem Goodwyn to close the Public Hearing. The motion was unanimous. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Lindsey to approve Ordinance No. 06-45: AN ORDINANCE AMENDING THE CITY OF RED OAK’S FUTURE LAND USE PLAN TO CHANGE THE HIGHWAY ORIENTED (HO) TO MIXED USE CENTER PLANNED DEVELOPMENT (PD) FOR APPROXIMATELY 1.330 ACRES OF LAND, BEING ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND, A PART OF THE ROBERT BELL SURVEY, ABSTRACT 60, BEING FURTHER DESCRIBED AS SOUTH OF RED OAK ROAD AND WEST OF STATE HIGHWAY 342, ALSO KNOWN AS THE MINYARD ADDITION, CITY OF RED OAK, ELLIS COUNTY, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
E. Conduct a Public Hearing and consideration of approving an Ordinance for a zoning change from Commercial-1 (C-1) to Mixed Use Planned Development, and a Development Plan for the Minyard Addition, being a 1.330 acre addition in the Robert Bell Survey, A-60, City of Red Oak, Ellis County, Texas, requested by Jack Minyard.
Mayor Bryce opened the Public Hearing. Jack Minyard spoke in favor of the zoning. Citizen Ricky Brown asked questions concerning the drainage of the project. Eugene Gaither spoke in opposition. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Smith to close the Public Hearing. The motion was unanimous. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Autrey to approve Ordinance No. 06-46: AN ORDINANCE AMENDING ORDINANCE NO. 89-02, THE UNIFIED DEVELOPMENT CODE BY APPROVING A ZONING CHANGE FROM COMMERCIAL-1 (C-1) TO MIXED USE PLANNED DEVELOPMENT (PD) AND APPROVING A DEVELOPMENT PLAN, FOR THE MINYARD ADDITION, APPROXIMATELY 1.330 ACRES OF LAND, RECORDED IN VOLUME 1548, PAGE 854, OF THE OFFICIAL PUBLIC RECORDS , ELLIS COUNTY, TEXAS, AN ADDITION TO THE CITY OF RED OAK, ELLIS COUNTY, TEXAS; AMENDING THE OFFICIAL ZONING MAP; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
F. Consideration of approving a Preliminary Plat for the Minyard Addition, being a 1.330 acre addition in the Robert Bell Survey, A-60, City of Red Oak, Ellis County, Texas, requested by Jack Minyard.
Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Smith to approve the Preliminary Plat for the Minyard Addition with the conditions that the staff and City Engineer comments were incorporated. The motion was unanimous.
G. Conduct a Public Hearing and consideration of approving an Ordinance for an amended Development Plan for Lot 25, Block A, Fox Hollow Estates 3, City of Red Oak, Ellis County, Texas, requested by Sumeer Homes.
Mayor Bryce opened the Public Hearing. Edward Baylor, Sumeer Homes Representative, spoke in favor of the amended Development Plan and no one spoke in opposition. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Autrey to close the Public Hearing. The motion was unanimous. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Lindsey to approve Ordinance No. 06-47: AN ORDINANCE AMENDING ORDINANCE NO. 89-02, THE UNIFIED DEVELOPMENT CODE AND APPROVING AN AMENDED DEVELOPMENT PLAN FOR FOX HOLLOW ESTATES III, BEING PART OF THE ORIGINAL 18.4805 ACRES IN THE ROBERT BELL SURVEY, ABSTRACT 60, BEING FURTHER DESCRIBED AS BEING LOT 25, BLOCK A, EAST OF HIGHWAY 342, SOUTH OF RED OAK ROAD, AND NORTH OF PIERCE ROAD, CITY OF RED OAK, ELLIS COUNTY, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE, to allow a 10 foot setback line in front. The motion was unanimous.
H. Update from ROISD Board President, John Hawkins, on a future ROISD bond issue.
Councilmember Hargrove returned to the proceedings. ROISD Vice President John Anderson updated Council on the issues concerning the future ROISD bond issue.
I. Discussion and consideration of approving whether to amend the Code of Ordinances Fee Schedule.
Council discussed whether to amend various Code of Ordinance fees. Councilmember Hargrove made the motion, seconded by Councilmember Autrey to amend the fee schedule to eliminate the annual registration fee for dogs; and to double the violation fees for dogs running at large. The motion was unanimous. Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Goodwyn to eliminate the construction permit fee for above-ground swimming pools. The motion carried 4 – 1, with Councilmember Hargrove, Mayor Pro Tem Goodwyn, Councilmember Smith and Councilmember Autrey voting in favor. Councilmember Lindsey voted in opposition. Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Goodwyn to eliminate the construction permit fee for In-ground swimming pools. The motion carried 3 – 2, with Councilmember Hargrove, Mayor Pro Tem Goodwyn and Councilmember Smith voting in favor and Councilmember Lindsey and Councilmember Autrey voting in opposition. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Smith to eliminate the Plumber, Electrician, Mechanical and Backflow initial and renewal license fees. The motion carried 3 – 2, with Mayor Pro Tem Goodwyn, Councilmember Smith, and Councilmember Autrey voting in favor and Councilmember Lindsey and Councilmember Hargrove voting in opposition.
J. Discussion on Vision 2020.
City Manager Ken Pfeifer led the discussion on the proposed Vision 2020.
K. Discussion on projects progress.
City Manager Ken Pfeifer led the discussion on the progress of various City of Red Oak projects.
VI. EXECUTIVE SESSION
Pursuant to Section §551.071 of the Texas Government Code, the City Council reserves the right to convene into Executive Session(s), from time to time as deemed necessary during the course of this meeting for any posted agenda item, to receive advice from its attorney as permitted by law.
Council did not convene into Executive Session.
VII. REPORTS – City Manager
City Manager Pfeifer updated Council on the following: Red Oak Road Public Meeting; Safety measures on Red Oak Road; Joint Meeting with P & Z; Downtown Vision Plan; and the New City website.
VIII. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Citizen Chris Moses spoke concerning the road conditions on Stainback. Citizen Eugene Gaither stated that the older streets of Red Oak should be taken care of before the newly annexed streets.
IX. ADJOURNMENT
Mayor Bryce adjourned the meeting at 8:51 P.M.
________________________________
Ron Bryce, Mayor
Attested: ________________________
Judy Grant, City Secretary
